Buyer wants FENSA/Building regs certificate for a glass roof they said needs removing

[Bouledeneige]

So the buyers' solicitor has sent through a long list of requests and questions. One is the certificate for a glass roof installed in 2012. Unfortunately I don't have such a document so have been advised to get indemnity insurance for it - which I have no problem with. My bad, I din't know I needed building regs approval.

Except. On the back of their detailed survey the buyers asked for a £10K reduction in the sale price because of a list of issues including the need to replace said roof. So why do they need a certificate for something they are going to remove?

Silly question really. I'm not really enjoying all the stress of the paperwork and slow progress (and that I've seen an alternative property that I'd like to buy)... But that's another story. Its hard doing this on my own.

I'd just put in your reply that it's not available, they seem to want their cake and eat it!
It's not going to change anything, they are either going to replace the roof, so lack of certificate won't be a problem, or not replace the roof but have been given money off the price.
If you truthfully say you don't have the certificate there's not much else to do.
Often solicitors have to ask all these questions, it doesn't mean that you have to say yes to everything, you just have to be honest.

Or tell them you will repay them back the 10 grand after they have replaced the roof and any other work they say needs doing , my guess is they are trying it on 👍

Nope. They're asking you to pay for their building plans! I expect it will get replaced with a tiled roof if there's no reason to replace the glass one.
Say you're happy to provide the indemnity but otherwise to get stuffed.

Does the roof need replacing in terms of safety or leakage or do they want to replace due to aesthetics? If it's the latter then it's a tough call if you want to reduce.

Tbh I’d want a certificate so I knew it was safe even if I planned to replace it fairly soon. An indemnity will protect your buyers from enforcement action but not it collapsing on them.

Apply for retrospective building regs , it may not actually take very long and doesn’t cost much .

Might it be a mortgage requirement? The solicitor acts for the lender as well as the purchaser and it may be that they won't lend if not indemnified.

Agree that the £10k reduction should only be on the table at all if it's an unsafe roof identified in the survey. If an aesthetic consideration no call for you to pay.

Have you tried searching online to see whether the people who installed it have submitted the details?

TW2013 Thats brilliant I just found I can get the certificates for our double glazing on there.

I already checked it's not registered online. I already agreed the £10k reduction because of the long list of problems found - which included the need to replace the roof. Alongside some cracking in the front of the house. I'm not too bothered about it just think it's a bit dumb. And it makes me wonder whether all their claims about the survey are true.

I agree it's good sense to have a certificate as a glass roof that collapsed could kill someone so that was my bad not to realise I needed one.

Hi OP, just to give you the other side: we were those buyers on our last purchase. Not yours obviously! But shit-scared about the long list of doom and gloom things noted in the survey and negotiating a reduction as a result.

In the end it's cost us significantly more to rectify the issues than the discount we negotiated! But obviously we love the house so aren't too dismayed. But it's worth bearing in mind that it's not your buyers making 'claims' in the survey, it's a licensed building surveyor's professional opinion. If you have doubts about what you're agreeing to then by all means ask for a copy of the survey; we sent it to the EA directly when we were negotiating the reduction and I can't see a reason why anyone would refuse to do that as a sign of good faith.

I do agree 100% with the PP who said if you're reducing then they can whistle for the certificate. If they want to the apply for retrospective building regs they can do that when they're in - or they can pay un-reduced price and let you do it! But you certainly shouldn't do both.

Best of luck!

Woolymammoth55 I understand that the list of problems came from the surveyor. You ask for a detailed survey they are duty bound to find some problems and a 115 year old house on a big hill is bound to have a few. But I said claims because I have now seen the actual drafting on the cracks and they are very minor - cured by chopping some bushes down. So I wonder what the wording was like on the glass roof and other issues in the list. Maybe the buyer over-egged it?

Anyway. It's agreed now so I'm not complaining. Just surprised you need a certificate for something you are planning to dispense with.

@Itscoldouthere

I'd just put in your reply that it's not available, they seem to want their cake and eat it! It's not going to change anything, they are either going to replace the roof, so lack of certificate won't be a problem, or not replace the roof but have been given money off the price. If you truthfully say you don't have the certificate there's not much else to do. Often solicitors have to ask all these questions, it doesn't mean that you have to say yes to everything, you just have to be honest.

This comment is your best approach.

When a property is sold, it's sold 'as seen' and the price paid reflects the fact that the building is not new and thus in perfect condition.

Generally, properties do actually devalue with age. It's the value of the land that appreciates at a faster rate and the market conditions that counter ( and surpass ) the fall in value.